All property in the City of Olathe has a current zoning designation. A property owner can submit a rezoning application if they would like to change the zoning designation (or district) on their property. The main reason a property owner requests a zoning change is if they want a land use  that is not currently allowed.

You must be the property owner or obtain the property owner’s authorization in order to apply for a zoning change, a planned district, or a special procedure.

In a very few instances, rezoning may be initiated by the City of Olathe.

Certain uses of land, buildings or structures may not be appropriate under all circumstances in any given zoning district but may be appropriate where additional reviews and requirements can assure compatibility with surrounding uses and developments. . Section 18.40.100 of the UDO describes the Special Use Permit process in detail, and the Special Use Permit application is available online.

• Once a rezoning application is submitted, reviewed, and accepted, it is then placed on the Development Review Schedule. Dates on the schedule are tentative until agendas are created but do provide a good idea of when to expect a meeting to occur. Acceptance of an application does not mean the application was approved, but rather that the application is filled out correctly and includes the necessary fees.
• There are three public meetings held: a neighborhood meeting, a public hearing at Planning Commission, and City Council Meeting.
• Staff reviews the application and provides a recommendation to the Planning Commission, who then provide a recommendation to City Council. The City Council is the governing body who makes a final decision of approval or denial.

The entire process generally takes around 12 weeks.

The public will be notified of a rezoning request in multiple ways:

• A sign displaying the requested zoning change and the date and time of the public hearing will be posted on the property at least 20 days in advance of the public hearing.
• A public notice with the requested zoning change and the date and time of the public hearing is published in the paper at least 20 days in advance of the public hearing.
• Notification of the public hearing is sent via certified mail to property owners within 200 feet of the subject property.
• Notification of a neighborhood meeting is sent to property owners within 500 feet of the project, inviting property owners to learn about the project.
• The application will be included on the Planning and Development Map, and staff recommendation and project plans will be posted within the meeting agenda and packet by the Thursday prior to the Planning Commission or City Council meeting.

• Public hearings, held at Olathe City Hall (100 E. Santa Fe St.) and are available to stream at OlatheKS.gov/OGN, are the first time the Planning Commission hears the zoning request.
• Staff will present recommendations based on review of the City’s Unified Development Ordinance, the Plan Olathe comprehensive plan, land use analysis, and any other applicable codes and land use studies.
• The applicant will present, and the public is invited to provide comments. Members of the public may sign up to speak at the meeting or by contacting the Planning Division in advance. Learn more about Planning Commission speaker guidelines.
• Zoning requests are not approved at Planning Commission meetings. The Planning Commission will hear all comments, ask questions, and make a recommendation to approve, approve with conditions, or deny the request to City Council, who make all final decisions.

Public opinion and feedback on zoning cases are important to the City and assist staff during review.  Ways to participate include:

• Attend a neighborhood meeting, which is held by the developer (applicant) at least 20 days in advance of the public hearing. The developer will introduce residents and nearby property owners to the proposal, obtain feedback, and answer questions. Minutes from the meeting are provided to the City after and made a part of the record.
• Contact the Planning Division. Members of the public may call the Planning Division at 913-971-8750 or email PlanningContact@OlatheKS.gov at any time with comments and questions.  Emails are made part of the record and will be provided to the Planning Commission and City Council.
• Attend a public hearing at Olathe City Hall to hear staff recommendations and provide comment. Learn more about public hearings, including how to sign up to speak, by clicking on the "Public Hearings" tab.

A protest petition may be signed by property owners within a certain distance of the project to protest the rezoning application. A protest against any rezoning or a special use permit application must be filed with the City Clerk’s office no later than 5 p.m. fourteen (14) days following the decision of the Planning Commission’s public hearing, including weekends and holidays. If the filing deadline falls on a nonbusiness day for City offices, the filing deadline is extended to 5 p.m. on the next regular business day.  Section 18.40.090 of the UDO establishes the procedures for a protest petition.

If a valid protest petition is filed, the rezoning or special use application requires at least three-quarters (3/4) vote of the City Council for approval.

• A copy of the development plan and summary of the request will be included in the invitations for the neighborhood meeting and is available by contacting the Planning Division.
• The Planning Staff and public receive this information around the same time, so specific questions may not be answerable until the review is complete. After the review is completed, recommendations prepared for the public hearing will be part of the staff report made available to the public and Planning Commission online.
• Commonly requested information including builder name, home cost and size, and businesses within a development are not always included in the application packet and may not be available until the public hearing. Members of the public may contact the developer directly or attend the neighborhood meeting to learn more.
• Tenant information may not be available for commercial zonings as landowners may still be securing tenants during the zoning process. This is common because most businesses will not agree to move to a location until after zoning is established to ensure land use is allowed. The City makes zoning decisions based on land use analysis and goals of the Comprehensive Plan, so specific businesses are not required. Zoning is tied to the land for a specific business type as opposed to specific businesses. For example, zoning will allow a restaurant use but does not specify what restaurant must move to that location.